What is mediation, and is mediation a good option to resolve a business dispute? Many clients are not aware that the Watkins Firm is able to resolve the vast majority of business disputes through effective, leveraged negotiation. This is the shortest and least expensive route to the settlement of a business dispute. The remaining issue(s) which cannot be resolved through negotiation are often good candidates for mediation. Mediation can serve as an effective alternative to arbitration or trial in order to resolve a legal dispute if negotiation is not successful. Pre-trial mediation is required by our Courts here in San Diego.
How Does Mediation Work?
What makes mediation a good option to resolve a business dispute and how does the process work? In a mediation, the parties agree upon a neutral mediator who has experience with the type of business dispute the parties are attempting to resolve as well as all applicable areas of the law. Mediation is not like a Court of law, as there are no rules of evidence or legal underpinnings to present or defend. The mediator simply attempts to help the parties to reach a greater understanding of each other’s position, and to find common ground.
The mediator provides legal insight into how disputes like yours have been handled by California Courts in the past, and the likelihood of success for each position. The mediator seeks to establish a positive and constructive environment while working to move the parties closer together to resolve a portion or all of the dispute. The mediator should help to identify appropriate remedies and damages, and recommend solutions. Anything that can be resolved in mediation reduces the time and expense in subsequent legal venues such as arbitration or litigation of a lawsuit at trial.
The goal of a mediation is ultimately to resolve the matter through a settlement agreement. Successful mediation requires a bit of give and take as well as a genuine perspective on the facts of the case, likelihood of success and the risks and costs of escalating the case to arbitration or trial. As your representative throughout the legal process, including mediation, the experienced business dispute resolution attorneys at the Watkins Firm work to protect your interests and facilitate a prompt and cost-effective resolution which accomplishes your goals and objectives.
Why Should You Have an Attorney During Mediation?
It is in your best interests to be represented by experienced legal counsel throughout the resolution of a legal dispute, and we contribute more than four decades of proven experience and a successful track record to protect your interests. We provide insight into the strengths and weaknesses of your position as well as the law. We make suggestions and recommendations for reaching resolution and ultimately a settlement. We also protect our clients from unreasonable tactics by opposing parties while working to settle the matter.
What Makes Mediation a Good Option to Resolve a Business Dispute?
What makes mediation a good option to resolve a business dispute in San Diego and Southern California? The answer is a balance of many factors including time, risk, money and the desire to accomplish your objectives in an efficient manner. If you are involved in a business dispute we invite you to review our podcast Episode 11 – Resolving Business Disputes, the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.
